Kerala HC quashes POCSO proceedings after accused, victim get married

Kochi:

The Kerala High Court quashed proceedings against a man accused of having committed offences under the Protection of Children from Sexual Offences Act, 2012 on the ground that the victim and accused were now married.

“They are now living together as husband and wife. Therefore, no useful purpose will be served by continuing with the prosecution against the petitioner," read the High Court’s order.

The petitioner in the case – the accused, was alleged to have sexually assaulted the minor while she was studying in Plus Two class, by picking her up from her school in his car and touching her inappropriately.

Apart from that, the allegation was that subsequently, on the girl becoming a major, the petitioner had raped her.

However, the counsel for the petitioner pointed out to the court that the petitioner (accused) and the victim got married in June 2023, and were now living together as husband and wife.

The court was thus of the considered opinion that this was a fit case wherein under its jurisdiction it can quash the proceedings against the petitioner, since no useful purpose would be served by continuing with it and thus quashed the proceedings.

 


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